PHC halts development works in NA-27 constituency to ensure fair election

PESHAWAR: The Peshawar High Court (PHC) on Tuesday ordered to stop development works including installation of new transformers, transmission lines and electric poles at constituency NA-27 Peshawar allegedly being carried out by Pakistan Tehreek-e-Insaf (PTI) candidate Noor Alam Khan for the upcoming general election.

A two-member bench comprising Justice Ikramullah Khan and Justice Musarrat Hilali expressed concerned over development projects by the respondents despite clear cut ban of the Election Commission of Pakistan which was upheld by the Supreme Court of Pakistan.

The bench issued notice to Election Commission of Pakistan, provincial government and Pesco to submit reply and explain position before the next hearing.

The court was hearing writ petition filed by Asma Alamgir, PPP central leader and former advisor to prime minister and a voter of NA-27 including Fundullah.

During the course of hearing, Shahid Mehmood Khan, counsel for the petitioner, submitted that the petitioner was senior leader of Pakistan People’s Party and former advisor to the prime minister and the party had issued NA-27 ticket to her for contesting the general election 2018.

He informed the bench that the general election of 2018 has been scheduled to be held in July 2018 and the preparation and door-to-door campaign was in progress.

The lawyer informed the court that the ECP had banned new development works/projects and had very sternly restrained the federal and provincial governments from allocating funds for new development works in order to discourage the pre-poll rigging and to conduct free, fair and impartial election.

He pointed out that the provincial government had allocated funds to its candidate Noor Alam Khan for development works in constituency NA-27 especially for installation of new transformers, transmission lines and electric poles, which is sheer violation of the directions of ECP and conduct rules for general election.

The counsel said that to allocate funds for development projects mean to increase the party votes in favour of the candidate.

He said that the petitioner on April 25, 2018 had filed a complaint to the ECP for violation of its ban and against the pre-poll rigging, but no action has been taken so far. He said another complaint was filed with cogent and solid proof against the respondent with ECP, but no action was taken.

The petitioner stated that the respondent candidate and officials still continued developmental projects in violation of the ECP ban. She further added that the ECP, despite her two complaints with proofs did not take action against the violators.

She stated that if the distribution of the transformers, installation of the transmission lines and electric poles were not immediately stopped then it would be presumed that pre-poll rigging was continued under the cover of ECP.

In the petition, she requested the court to immediately stop work on the development projects at NA-27 and direct the KP government to refrain from allocation of funds to its candidate. It was also prayed before the court to direct the ECP and provincial election commission to take action against the provincial government and PTI candidate Noor Alam Khan for violation of the ban.

It is to be mentioned here that before this, the PHC had also declared as unlawful the Khyber Pakhtunkhwa chief minister’s direction to the government departments to prepare a PC-1 for electrification schemes in National Assembly constituency NA-27 Peshawar, with consultation and supervision of PTI’s non-elected leader and former MNA Noor Alam Khan.

A two-member bench comprising of Justice Ikramullah Khan and Justice Ghazanfar Khan had also passed an order that Noor Alam Khan would not interfere and supervise the electrification schemes in the constituency.

The court had passed these directions in a writ petition filed by Arbaz Khan, a neighbourhood councillor of NA-3 through his lawyer Imran Hashtnaghar.